Allahabad Court April 1977 Judgments
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Deva Raj Vs. U.P. State Electricity Board, Lucknow and ors.
Court: Allahabad
Decided on: Apr-13-1977
Reported in: AIR1977All452
Yashoda Nandan, J.1. Aggrieved by the dismissal of his writ petition by a learned single Judge of this Court, the appellant has filed this special appeal. The writ petition was filed on the allegations that the appellant was the owner of an estate called Chandan Bari Estate which is claimed to have been developed into a residential colony. In the writ petition it was alleged that the U. P. Electricity Board is laying a 132 KV transmission line between Yamuna Power House Dehradun and Dehradun. The transmission line runs through the appellant's estate. The appellant's case in the writ petition was that in March 1968 the Executive Engineer of the Hydel Transmission and Construction Division, Roorkee, discussed the suitability of a route for the transmission lines through the appellant's estate and an agreement was arrived at as to the exact route that the lines would take and the spots where the towers would he constructed but subsequently the respondents have marked out places for constr...
Neksu Vs. State
Court: Allahabad
Decided on: Apr-12-1977
Reported in: 1977CriLJ1327
H.N. Kapoor, J.1. This is an appeal by Neksu against the order and judgment dated 9-5-1973 of the I Civil and Sessions Judge, I. P. C, and sentencing him to seven years' R. I. The appellant was prosecuted along with Vijan Singh and Mahendra Singh but those persons were acquitted.2. The prosecution story as revealed in the first information report by the prosecution evidence briefly stated is as follows, A dacoity was committed at the house of Pati-ram (P. W. 2) in village Nagla Machhi at about midnight on the night between 13th and 14th of September, 1971. Patiram and his son Anup Singh (P. W. 6) were sleeping outside the house while his another sou Sahib Singh was sleeping inside the house with Smt. Kalawati wife of Patiram, his daughter Chandlrakali and his mother Smt. Rukmini Devi. Ten or twelve dacoits arrived there. Three of them had guns while five had country-made pistols and the rest had lathis. Two of the dacoits caught hold of Anup Singh and Patiram while the rest struck lath...
Sir Shadi Lal Distillery and Chemical Works, Muzaffarnagar Vs. State o ...
Court: Allahabad
Decided on: Apr-11-1977
Reported in: AIR1977All349
D.M. Chandrashekhar, J. 1. Inthis petition under Article 226 of the Constitution, the petitioner has prayed for quashing the order of the Excise Commissioner, Uttar Pradesh, dated 28-3-1977 (Annexure I) in so far as it relates to giving to opposite party No. 3 the exclusive privilege of supplying country liquor in wholesale in Muzaffarnagar district.2. Certain material facts which are not in dispute may he stated. The petitioner as well as opposite party No. 3 are distillers having their distilleries in the districts of Muzaffarnagar and Bijnor respectively. For the year 1977-78 the Excise Commissioner, Uttar Pradesh (opposite party No. 2) invited tenders for grant of licences for the exclusive privilege of supplying country liquor in wholesale in various districts. The petitioner who had been granted the exclusive right of supplying country liquor in wholesale in the district of Muzaffarnagar for the year 197-6-77, gave its tender for supply of country liquor in that district for the ...
Shiv NaraIn Chaudhari Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Apr-11-1977
Reported in: [1977]108ITR104(All)
Chandrashekhar, J. 1. At the instance of the assessee, the Income-tax Appellate Tribunal, Allahabad Bench (hereinafter referred to as 'the Tribunal'), has referred to this court the following question of law :'Whether house properties bearing the Municipal door Nos. 92, 92-A, Darbhanga Castle, and 17/33, Mahatma Gandhi Marg, Allahabad, occupied as residences by different members of the assessee-Hindu undivided family together constitute 'one house' belonging to the assessee and as such are exempt under Section 5(1)(iv) of the Wealth-tax Act, 1957?'2. The material facts, as set out in the statement of the case, are briefly as follows: The assessee is a Hindu undivided family. It consists of four adult male members. They are living in four different independent residential units which are connected by a common passage in a building owned by them and bearing Municipal door Nos. 92 and 92-A, Darbhanga Castle, in Allahabad. A part of that building was constructed in the year 1960 and was as...
Atar Singh and anr. Vs. State
Court: Allahabad
Decided on: Apr-11-1977
Reported in: 1977CriLJ1464
H.N. Kapoor, J.1. These are two appeals against the same order and judgment dated 27-2-1973 of the II Temporary Civil and Sessions Judge, Etawah and can be conveniently decided by a common order. Atar Singh and Mahesh Singh in Cr. Appeal No. 557 of 1973 have been convicted Under Section 127 of the Railways Act and have been sentenced to three years' R. I. each. Udaibir Singh in Cr. Appeal No. 558 of 1973 has also been convicted Under Section 127 of the Railways Act and sentenced to three years' R. I. All of them were prosecuted Under Section 332, I. P. C. also but were acquitted under that section.2. The prosecution case, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows. Goods Train driven by engine No. 18009 which was going to Delhi side had to stop at Balrai railway station because there was huge crowd on the railway track on 18-7-1970. The crowd had collected because of the fair of Brahmi Devi. The Station Master then asked th...
K.D. Pandey Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Apr-08-1977
Reported in: [1977]108ITR214(All)
Chandrashekhar, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal') has referred to this court the following two questions under Sub-section (1) of Section 27 of the Wealth-tax Act, 1957: '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the business asset consisting of the Grand Hotel building could be transferred to the partnership only by a registered deed, and in the absence of such a deed the building remained the individual property of Shri K. D. Pandey (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the entire value of the building was assessable in the hands of the assessee, individual ?' 2. The facts of the case have been set out in the statement of the case and it is unnecessary to repeat them here. Suffice it to say that the assessee who was running a hotel as its sole proprietor entered into a p...
Shyam Lal and ors. Vs. the State
Court: Allahabad
Decided on: Apr-08-1977
Reported in: 1977CriLJ1465
Prem Prakash, J.1. Nine persons descending from a common ancestor and residents of village Kanhaipurwa, the hamlet of Udra Pachlai, police Circle Raghauli (district Hardoi) have directed this appeal against their convictions and sentences Under Sections 147, 148, 323, 324 and 302 read with Section 149, Penal Code upon the charge that on 24th December 1971, at about 11 P. M., in that hamlet, they were the members of an unlawful assembly and in prosecution of the common object of the assembly they committed the murder of Bharat, Gobardhan and Sukha and caused simple hurt to Chandrika, Sri Ram and Puttu, the weapons used being gun, pistol, spear, kanta and lathis ; they have been sentenced each to a term of life imprisonment Under Section 302, read with Section 149, Penal Code and to various terms of imprisonment under other counts which are to run concurrently.2. There were six brothers Buddhi, Kindar, Lahauri, Sheo Dayal, Baldeo and Pohkar. Buddhi had two sous Bhulai and Lachman who wer...
Abdul Rahman Vs. Rameshwar Prasad and ors.
Court: Allahabad
Decided on: Apr-07-1977
Reported in: AIR1977All470
T.S. Misra, J. 1. The facts leading to this appeal are these. According to the plaintiff the shop in dispute initially belonged to one Madar Baksh, who expired in 1901. His brothers Idu and Jumman inherited his property in equal shares. The father of defendant No. 1 took that shop on rent from those persons. Idu died somewhere in the year 1931. Out of his share in the shop 1 anna share was inherited by his widow Smt. Baqridan, 3 annas by his brother Jumman, and 4 annas by his daughter Smt. Ramzani. Thus according to the plaintiff Jumman's share in the shop became 11/16. Jumman was subsequently incapacitated and lost his power of understanding. The rent of the shop was, therefore, realised by defendant No. 3 and other relations of Jumman. Jumman died in the year 1942 survived by the plaintiff. Smt. Ramzani died in 1948, and Smt. Baqridan died in 1951. They were succeeded by defendants 3 to 5. On the death of Sarabjit his son defendant No, 1 became the tenant of the shop. When he failed ...
Gur Bux Singh and anr. Vs. State
Court: Allahabad
Decided on: Apr-07-1977
Reported in: 1977CriLJ1226
ORDERK.C. Agrawal, J.1. This revision is directed against the judgment of the learned Sessions Judge, Bareilly dated January 1, 1973 convicting Gur Bux Singh, the owner of vehicle No. UPM 3783 and Namdar Khan, its driver. Vehicle U.P.M. 3783 was a public carrier. The prosecution case was that the aforesaid vehicle was inspected by Dinesh Singh, Assistant Regional Transport Officer (E) Bareilly on September 4, 1964 at about 12.55 p.m. at Bareilly Shahjahanpur road between 1-2 miles from Bareilly. On inspection Namdar Khan, the applicant No. 2 was found illegally driving the aforesaid vehicle without the registration certificate, fitness certificate, permit, insurance certificate, tax token and goods tax payment receipt. The public carrier was thereafter taken to the Thana and a complaint was filed thereafter against Gur Bux Singh, the owner and Namdar Khan, the driver.2. Both the applicants pleaded not guilty. The defence of Gur Bux Singh, the applicant No. 1 was that he had surrendered...
Satya NaraIn Vs. the State
Court: Allahabad
Decided on: Apr-07-1977
Reported in: 1977CriLJ1626
1. This is an appeal by Satya Narain who has been sentenced and convicted to undergo imprisonment for life Under Section 302 IPC by learned Addl. SessionsJudge, Lucknow.2. It is alleged that a month before this occurrence an altercation took place between Ashok, on one hand, and Satya Narain accused, on the other. Satya Narain had delivered a knife blow on Ashok, An F. I. R. about that incident had been lodged at P. S. Khala Bazar. Chandrika and Babu Singh were helpers of Ashok and this had given a cause to Satya Narain to bear grudge both towards Chandrika and Babu Singh. On 21st October, 1971, at about 6 p. m. Chandrika, accompanied by Babu Lal alias Babu Singh, Pooran, Rama, Ashok, and Janki were going to the house of Rama, situate in Terhi Bazar, When this party reached in front of the house of one Munna Babu, Satya Narain, Rajesh, Shyam Narain and Gopal surrounded them. Gopal and Shyam Narain are said to have instigated Satya Narain and Rajesh upon which Rajesh and Satya Narain, b...
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